Emmott and Emmott (Child support)

The Full Court of the Family Court of Australia considered an appeal by the father, Mr Emmott, against a departure determination made by the Child Support Registrar. The dispute concerned the assessment of child support payable by the father for the parties' two children. The Registrar had made a departure determination, increasing the father's child support liability, on the basis that the father's actual income and financial resources were significantly higher than his assessed income. The father sought to have this determination set aside.

The primary legal issue before the Full Court was whether the Registrar had erred in making the departure determination. Specifically, the Court had to consider whether the Registrar had correctly applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) in assessing the father's income and financial resources, and in determining that the father's actual circumstances warranted a departure from the standard assessment. This involved examining the Registrar's findings regarding the father's business income and the costs associated with the children.

The Full Court reasoned that the Registrar had made a factual error in calculating the father's business income. The Registrar had failed to properly account for legitimate business expenses incurred by the father, which reduced his actual disposable income. The Court reiterated the principle that a departure determination should only be made where the standard assessment is unfair, and that the assessment of income must be based on accurate financial information. The Court found that the Registrar's miscalculation of the father's income meant that the threshold for a departure determination had not been met.

Consequently, the Full Court set aside the departure determination made by the Child Support Registrar and substituted an order that no departure determination be made.